Family Law

Dissolution Of Marriage

If you’ve decided to dissolve your marriage, it’s important to do a bit of reverse-engineering. Imagine what you’d like your life to look like in two to five years. Where are you living? How are you supporting yourself? Where are your children living, and what are they up to? When you’ve got that image clear in your mind, ask yourself, “How do I get from here to there?” If you have no idea, you’re not alone, and that’s where we come in. At The Wilson Advocacy Group , P.A. , our  law firm helps clients like you resolve their divorce issues on terms that allow them to grasp the future they’ve imagined. When you retain our services in advance of your divorce, we can help you prepare step by step to make the process work for you, so you can achieve your desired results.

Steps to take for divorce preparation

Divorce is not about abandoning the past; it’s about embracing the future. Ideally, you should want to be in a better position after your divorce than you are in now. Here the steps you can take to prepare for a divorce in Florida to enhance your chances of success:

• Do your own research — Learn all you can from various sources about the divorce process. Make notes of various issues in the law and the legal process that you want clarified.
• Consult a reliable divorce attorney — Take what you’ve learned to a divorce lawyer who is experienced, knowledgeable and accessible. Ask questions about aspects of the process, such as filing, grounds for divorce in Florida, and uncontested versus contested divorce. Gauge your comfort level with the lawyer and the confidence he or she inspires.
• Organize your finances — Take an inventory of your financial documents, including your bank accounts, 401(k)s, stock portfolio, businesses, tax records, insurance policies, mortgage, credit card balances, and so on. Look through your expenses for the past year or so and draw up a budget so you have a clear idea of how much money you would need to sustain your standard of living.
• Resolve (as much as possible) your emotions — Unresolved anger, frustration or regret can derail divorce settlement negotiations. It’s important to get in touch with your emotions, whether they are buried deep inside or stirring on the surface, and process them. Don’t be afraid to seek counseling if you need to. When you free yourself from hurt of the past, you’re ready to focus on the future.
• Choose the divorce process that’s most appropriate — There is no “best” divorce process; there’s only the one that best fits your circumstances and enables you to achieve your goals. If you’re seeking a quick settlement with a cooperative spouse, the collaborative process can work. If you need to protect your financial interests from a spouse who wants to make you pay in more ways than one, then you’ll probably have to litigate your divorce aggressively.
• Discuss divorce with your spouse — The timing for this talk depends on your circumstances. If you and your spouse still communicate easily enough, you can discuss divorce before you file. Some couples even negotiate their divorce settlement before filing. On the other hand, if you are in an abusive relationship, you might have to get a restraining order and have your spouse removed from the home before any hint of divorce.

In many situations, however, by carefully considering your options, you can avoid antagonizing your spouse unnecessarily and lay the foundation for a smooth divorce process.

Establishment of Paternity

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Advising on the legal obligations of paternity and child support

If you have any questions about the parenthood of a child, it is crucial that the matter be resolved quickly for their sake. These are some of the factors at stake in a paternity matter:

• Child support and health insurance — No matter what the relationship of the parents is, a child should not be hurt by it, so paternity is crucial in ensuring that the child has the best chance to thrive. Even in situations where a parent does not have significant assets, his/her children might be eligible for benefits through his military service or disability status.
• Legal decision-making authority — For each important choice in a child’s life, parental influence is vital. Establishing paternity allows both parents to help guide their son or daughter.
• Custody and visitation determinations — Parenthood encompasses much more than monetary support. By establishing paternity, a court can set ground rules so that both parents remain as influences in their child’s life.

As an experienced family law attorney, I will explain the technical and legal process of determining paternity and strive to achieve what is in the best interests of you and the child(ren).

Establishment of Child Time-Sharing Plan/ Modification of Child Time-Sharing Plan

Protecting your custody rights under Florida’s time-sharing law

The way family law attorneys in Florida discuss parental rights is often confusing, because the state legislature discarded the terms “child custody” and “visitation” in 2008 in favor of the following phrases:

• Parental responsibility — This is the authority to make major decisions affecting the child’s health and welfare. Parental responsibility replaces the old phrase “legal custody” and can be awarded to one parent (sole) or shared by both (joint).
• Time-sharing — Instead of referring to “physical custody” or “residential custody,” the law refers to the schedule of residential and nonresident contact between a parent and a child as time-sharing.
• Parenting time — The moments of nonresidential contact between parent and child(ren) are no longer called visitation, because a parent should not be thought of as a visitor. However, parenting time can also refer to the child’s time living in the parent’s home.

A parenting plan is the document the court approves and issues that outlines parental responsibilities and time-sharing.

Generally speaking, parents have the right to frequent, meaningful contact with their children, unless that contact is not in the child’s best interest. The court has the authority to restrict or deny parenting time if there is evidence of unfitness, such as:

• Alcohol or substance abuse
• Domestic violence
• Psychological abuse
• Sexual abuse

A Father’s rights are equal to a mother’s rights under the law. So, a Father who is capable of providing a suitable residence for a child cannot be denied time-sharing simply on the basis of gender.

At The Wilson Advocacy Group, P.A., our family law attorney help you create a parenting plan that suits your needs and those of your child(ren). Settlements are often reached that protect our client’s parental rights, either through negotiations or mediation. However, if settlement is unattainable and we require court intervention, you can trust in our readiness and determination as we fight for the best possible outcome.

Child Support Enforcement/ Child Support Modification

Effective representation for payors and recipients in payment disputes

Every state in the country recognizes a parent’s obligation to provide material support for his or her children, and every state takes that obligation very seriously. Moreover, the federal government, which generally does not get involved in family law matters, makes it a crime to willfully fail to pay child support obligations. Therefore, a court order to pay child support is strictly enforced, meaning that parents who fail to make payments face serious consequences. At The Wilson Advocacy Group, P.A.  we help recipient parents pursue remedies for unpaid child support for the sake of their children’s health and welfare. We also represent parents who have, for one reason or another, fallen behind in payments and need guidance on how best to minimize the consequences.

Common reasons parents fall behind on child support payments

• A failure of their business
• A long-term unemployment
• A disability due to accident or illness
• The parent’s other child support and/or alimony obligations

Enforcement of unpaid child support in Florida

If child support is unpaid, either the recipient parent or Florida’s Child Support Enforcement Program may request the court to hold a hearing to determine if the obligor is in contempt. A finding of contempt can result in jail time and fines. The court can also order enforcement measures that include:

• Seizure of bank assets
• Suspension of driver’s license, sporting licenses, and professional licenses
• Interception of lottery winnings and tax refunds
• Wage garnishment

Failure to pay child support can also expose an obligor to federal criminal prosecution for violating 18 U.S.C. § 228. This federal law makes it illegal for an individual to willfully fail to pay child support under certain circumstances. If the obligation crosses state lines, if the amounts are more than one year overdue, or if the amount exceeds $5,000, the obligor can be charged with a criminal misdemeanor. Conviction can result in fines and up to six months in prison. Inability to pay is a defense to contempt and to the federal charge, but it does not relieve the obligor of the burden of paying support that is past due. To minimize potential consequences of unpaid child support, an obligor should always enlist the assistance of an experienced child support attorney.

Prenuptial & Postnuptial Agreement

Why prepare a prenuptial or postnuptial agreement?

Our attorney provides personalized attention while drafting detailed marital agreements that cover issues such as alimony, attorney’s fees, costs and suit money, support, property division, business ownership and the treatment of retirement plans and other investments. Our prenuptial agreement attorney can show you the advantages that a prenuptial document vs. a postnuptial document offers you and your spouse, including:

• Alimony and support — Often, alimony and support are one of the most expensive and contested matters of a divorce or dissolution of marriage. With an effective prenuptial, antenuptial or postnuptial agreement, you can prevent any alimony or support awards or ensure that an award or a set amount is received.
• Attorney’s fees, costs and suit money — Attorney’s fees, costs and suit money are also hotly contested and sought awards in a divorce or dissolution of marriage. Plan ahead and create penalties for failing attempts to overturn or refuse to enforce a prenuptial, antenuptial or post-nuptial agreement.
• Asset protection — As an equitable distribution state, Florida allocates marital assets and debts based on what the judge believes to be fair. Many factors can go into this decision, and there is no guarantee that you will receive half of the total value of your marital estate or any specific item. A strong prenuptial, antenuptial or postnuptial agreement enables you to protect important assets as you begin a new chapter in your life.
• Avoidance of potential disputes — Divorce is hard enough without engaging in additional legal arguments concerning property values and each party’s contribution to the marriage. Developing a fair plan beforehand means that you can eliminate undue stress and expense associated with equitable distribution litigation.
• Peace of mind — Uncertainty about money leads many spouses to stay in unhappy marriages, sometimes for years. Understanding how a divorce will affect you financially gives you the chance to make well-informed decisions about how to proceed.

If you ever need to employ a prenuptial or postnuptial agreement, you want to trust that it is legally sound and geared to your specific situation. Only you and your spouse understand the true value of specific property that you own. We will create an authoritative agreement that reflects your priorities.